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13A-5-40
Section 13A-5-40 Capital offenses. (a) The following are capital offenses: (1) Murder
by the defendant during a kidnapping in the first degree or an attempt thereof committed by
the defendant. (2) Murder by the defendant during a robbery in the first degree or an attempt
thereof committed by the defendant. (3) Murder by the defendant during a rape in the first
or second degree or an attempt thereof committed by the defendant; or murder by the defendant
during sodomy in the first or second degree or an attempt thereof committed by the defendant.
(4) Murder by the defendant during a burglary in the first or second degree or an attempt
thereof committed by the defendant. (5) Murder of any police officer, sheriff, deputy, state
trooper, federal law enforcement officer, or any other state or federal peace officer of any
kind, or prison or jail guard, while the officer or guard is on duty, regardless of whether
the defendant knew or should have known the victim was an officer or guard on...
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13A-5-49
Section 13A-5-49 Aggravating circumstances. Aggravating circumstances shall be any of
the following: (1) The capital offense was committed by a person under sentence of imprisonment.
(2) The defendant was previously convicted of another capital offense or a felony involving
the use or threat of violence to the person. (3) The defendant knowingly created a great risk
of death to many persons. (4) The capital offense was committed while the defendant was engaged
or was an accomplice in the commission of, or an attempt to commit, or flight after committing,
or attempting to commit, rape, robbery, burglary, or kidnapping. (5) The capital offense was
committed for the purpose of avoiding or preventing a lawful arrest or effecting an escape
from custody. (6) The capital offense was committed for pecuniary gain. (7) The capital offense
was committed to disrupt or hinder the lawful exercise of any governmental function or the
enforcement of laws. (8) The capital offense was especially heinous,...
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13A-6-2
Section 13A-6-2 Murder. (a) A person commits the crime of murder if he or she does any
of the following: (1) With intent to cause the death of another person, he or she causes the
death of that person or of another person. (2) Under circumstances manifesting extreme indifference
to human life, he or she recklessly engages in conduct which creates a grave risk of death
to a person other than himself or herself, and thereby causes the death of another person.
(3) He or she commits or attempts to commit arson in the first degree, burglary in the first
or second degree, escape in the first degree, kidnapping in the first degree, rape in the
first degree, robbery in any degree, sodomy in the first degree, aggravated child abuse under
Section 26-15-3.1, or any other felony clearly dangerous to human life and, in the
course of and in furtherance of the crime that he or she is committing or attempting to commit,
or in immediate flight therefrom, he or she, or another participant if there be...
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30-5-7
Section 30-5-7 Ex parte orders or modification of protection order. (a) If it appears
from a petition for a protection order or a petition to modify a protection order that abuse
has occurred or from a petition for a modification of a protection order that a modification
is warranted, the court may do any of the following: (1) Without notice or hearing, immediately
issue an ex parte protection order or modify an ex parte protection order as it deems necessary.
(2) After providing notice as required by the Alabama Rules of Civil Procedure, issue a final
protection order or modify a protection order after a hearing whether or not the defendant
appears. (b) A court may grant any of the following relief without notice and a hearing in
an ex parte protection order or an ex parte modification of a protection order: (1) Enjoin
the defendant from threatening to commit or committing acts of abuse, as defined in this chapter,
against the plaintiff or children of the plaintiff, and any other...
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15-8-150
Section 15-8-150 Contents; sufficiency; use of analogous forms. The forms of indictment
set forth in this section in all cases in which they are applicable, are sufficient,
and analogous forms may be used in other cases. (1) CAPTION, COMMENCEMENT AND CONCLUSION GENERALLY.
The State of Alabama,) Circuit court, ___ session, ___) 20___ The grand jury of said county
charge that, before the finding of this indictment, etc. (describing the offense as in the
following forms), against the peace and dignity of the State of Alabama. E.F.J.,District Attorney
of the ______ circuit. (2) ADVERTISING, ETC., UNREGISTERED SECURITIES. A. B. did, contrary
to law, and subsequent to the ____ day of ____, 20__, advertise (or otherwise describing the
unlawful act) in this state for the purpose of inducing or securing subscriptions to or sales
of the capital stock of the X. Y. company (or otherwise describing the security so advertised),
which said stock (or other security) had not then...
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15-22-1.1
Section 15-22-1.1 Interstate Compact for Adult Offender Supervision. Whereas: The Interstate
Compact for the Supervision of Parolees and Probationers was established in 1937, it is the
earliest corrections "compact" established among the states and has not been amended
since its adoption over 62 years ago; Whereas: This compact is the only vehicle for the controlled
movement of adult parolees and probationers across state lines, and it currently has jurisdiction
over more than a quarter of a million offenders; Whereas: The complexities of the compact
have become more difficult to administer, and many jurisdictions have expanded supervision
expectations to include currently unregulated practices such as victim input, victim notification
requirements, and sex offender registration; Whereas: After hearings, national surveys, and
a detailed study by a task force appointed by the National Institute of Corrections, the overwhelming
recommendation has been to amend the document to bring about...
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13A-5-39
Section 13A-5-39 Definitions. As used in this article, these terms shall be defined
as follows: (1) CAPITAL OFFENSE. An offense for which a defendant shall be punished by a sentence
of death or life imprisonment without parole, or in the case of a defendant who establishes
that he or she was under the age of 18 years at the time of the capital offense, life imprisonment,
or life imprisonment without parole, according to the provisions of this article. (2) DURING.
The term as used in Section 13A-5-40(a) means in the course of or in connection with
the commission of, or in immediate flight from the commission of the underlying felony or
attempt thereof. (3) EXPLOSIVES and EXPLOSION. The terms shall have the meanings provided
in Section 13A-7-40(2) and (3). (4) BURDEN OF INTERJECTING THE ISSUE. Shall be defined
as provided in Section 13A-1-2(14). (5) MURDER and MURDER BY THE DEFENDANT. Shall be
defined as provided in Section 13A-5-40(b). (6) PREVIOUSLY CONVICTED and PRIOR CRIMINAL...
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16-23-5
Section 16-23-5 Revocation of certificates. (a) The State Superintendent of Education
may revoke any certificate issued under this chapter when the holder has been guilty of immoral
conduct or unbecoming or indecent behavior. Any provision of law to the contrary notwithstanding,
under the circumstances listed in subsection (b), the holder shall be immediately disenfranchised
from certification and any other rights pursuant to Section 16-24-9. (b) The State
Superintendent of Education shall immediately revoke any certificate issued under this chapter
when the holder is convicted of capital murder or any Class A felony, including, but not limited
to, rape, murder, kidnapping, or robbery, or any of the following: (1) Rape in the first or
second degree, pursuant to Section 13A-6-61 or 13A-6-62. (2) Sodomy in the first or
second degree, pursuant to Section 13A-6-63 or 13A-6-64. (3) Sexual torture, pursuant
to Section 13A-6-65.1. (4) Sexual abuse in the first or second degree, pursuant to...
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15-13-190
Section 15-13-190 Procedures upon arrest; conditions of release or bail. (a) A person
arrested for domestic violence in the first degree, pursuant to Section 13A-6-130,
domestic violence in the second degree, pursuant to Section 13A-6-131, domestic violence
in the third degree, pursuant to Section 13A-6-132, interference with a domestic violence
emergency call, in violation of Section 13A-6-137, or domestic violence by strangulation
or suffocation, pursuant to Section 13A-6-138, or a violation of a domestic violence
protection order, may not be admitted to bail until after an appearance before a judge or
magistrate within 24 hours of the arrest, and if the person is not taken before a judge or
magistrate within 24 hours of the arrest, he or she shall be afforded an opportunity to make
bail in accordance with the Alabama Rules of Criminal Procedure. (b) The judge or magistrate
may impose conditions of release or bail on the person to protect the alleged victim of domestic
violence or...
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12-25-32
Section 12-25-32 Definitions. For the purposes of this article, the following terms
have the following meanings: (1) COMMISSION. The Alabama Sentencing Commission, established
as a state agency under the Supreme Court by this chapter. (2) CONTINUUM OF PUNISHMENTS. An
array of punishment options, from probation to incarceration, graduated in restrictiveness
according to the degree of supervision of the offender including, but not limited to, all
of the following: a. Active Incarceration. A sentence, other than an intermediate punishment
or unsupervised probation, that requires an offender to serve a sentence of imprisonment.
The term includes time served in a work release program operated as a custody option by the
Alabama Department of Corrections or in the Supervised Intensive Restitution program of the
Department of Corrections pursuant to Article 7, commencing with Section 15-18-110,
of Chapter 18 of Title 15. b. Intermediate Punishment. A sentence that may include assignment
to any...
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